It is hereby determined that:
A. 
Land development activities and associated increases in site impervious may often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;
B. 
This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species; and may cause property damage;
C. 
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;
D. 
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing streambank erosion and sedimentation;
E. 
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;
F. 
Economic losses can result from adverse impacts on stormwater quantity and velocity and on the waters;
G. 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;
H. 
The regulation of stormwater runoff discharges from land development activities is in the public interest and will help to reduce threats to public health and safety; and
I. 
Regulation of land development activities by means of standards governing stormwater management and site design is intended to regulate development such that it is compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 125-1 hereof. This chapter seeks to meet those purposes by seeking to achieve the following objectives:
A. 
Meet the minimum requirements for control of construction site and postconstruction runoff of the New York State SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, as amended or revised;
B. 
Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01, as amended or revised;
C. 
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature and streambank erosion, and maintain the integrity of stream channels;
D. 
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
E. 
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
F. 
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained.
In accordance with the Municipal Home Rule Law of the State of New York, the Village of Kiryas Joel Village Board of Trustees has the authority to enact and amend local laws for the purpose of promoting the health, safety or general welfare of the Village of Kiryas Joel and for the protection and enhancement of its physical environment. The Board of Trustees may include in any such local law provisions for the appointment of any municipal officer, employee, or independent contractor to effectuate, administer and enforce such local law.
A. 
This chapter shall be applicable to all land development activities as defined in § 125-6 of this chapter.
B. 
The Village shall designate a Stormwater Management Administrator who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Administrator may:
(1) 
Review the plans;
(2) 
Upon approval by the Board of Trustees, engage the services of a professional engineer to review the plans, specifications and related documents; and/or
(3) 
Accept the certification of a licensed professional that the plans conform to the requirements of this chapter and other applicable laws and regulations.
C. 
All land development activities subject to review and decision by the applicable municipal board shall be reviewed pursuant to the standards contained in this chapter, and other applicable laws and regulations.
D. 
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Articles I and II of this chapter shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of this chapter. The approved preliminary subdivision plat shall be consistent with the provisions of this chapter.
E. 
A stormwater pollution prevention plan consistent with the requirements of Articles I and II of this chapter and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of this chapter. The approved final subdivision plat shall be consistent with the provisions of this chapter.
F. 
A stormwater pollution prevention plan consistent with the requirements of Articles I and II of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of this chapter. The approved site plan shall be consistent with the provisions of this chapter.
G. 
No land development activity not subject to review as stated in Subsection C above shall be commenced unless and until the Village Planning Board has approved a stormwater pollution prevention plan (SWPPP) submitted to the Board.
The following activities may be exempt from review under this chapter:
A. 
Agricultural activity as defined in this chapter.
B. 
Alteration or maintenance of an existing structure which will not have an impact on the quantity or quality of the surface water discharge from the site.
C. 
Routine maintenance activities that disturb less than one acre of land and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
D. 
Repair to any stormwater management practice or facility deemed necessary by the Building Inspector, Engineer or other person designated by the Board of Trustees.
E. 
Land development activity that received approval by the Village Planning Board prior to the effective date of this chapter. However, said activity shall not be exempt from compliance with applicable state laws or regulations governing stormwater management and control.
F. 
Land development activity for which a building permit has been approved prior to the effective date of this chapter. However, said activity shall not be exempt from compliance with applicable state laws or regulations governing stormwater management and control.
G. 
Cemetery graves.
H. 
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
I. 
Emergency activity immediately necessary to protect life, property or natural resources.
J. 
Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family.
K. 
Landscaping and horticultural activities in connection with an existing structure, provided such activities do not disturb one acre or more of land.